Sakudomlerd (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically Subclass 186 (Employer Nomination Scheme). The applicant sought review of a decision concerning the approval of their nomination. The Tribunal, constituted by Senior Member Michael Cooke, was tasked with determining whether the applicant was the subject of an approved nomination for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the relevant regulations. This clause outlines several conditions that must be satisfied for a nomination to be considered approved, including that the nominated position must be the subject of an approved nomination application identifying the visa applicant, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration concerning the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nominations made by DOUBLE DOT Pty Ltd had been approved by the Tribunal on review. Consequently, the Tribunal concluded that the applicant now met all the requirements stipulated by clause 186.223.

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific direction that the first named applicant meets the criteria under clause 186.223(2) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.